Charter change clause in MOA ‘unconstitutional’-SC justice

Charter change clause in MOA ‘unconstitutional’-SC justice

MANILA, Philippines – (UPDATE 4) A provision in the memorandum of agreement on ancestral domain between the government and the Moro Islamic Liberation Front that seeks to amend the Constitution to conform with the MOA makes it unconstitutional, a Supreme Court justice said Friday.
Responding to the argument by Dean Pacifico Agabin, lawyer for Senator Manuel “Mar” Roxas, one of the intervenors, that the executive could not commit to the MILF the amendment of the Constitution to conform with the agreement, Justice Antonio Carpio asked: “There is that clause under the MOA, correct?”
“Yes,” said Agabin during Friday’s oral arguments atthe Supreme Court that is trying to determine the constitutionality of the MOA-AD.
“Then the MOA is unconstitutional on that ground,” said Carpio who also cited a television interview by an MILF leader who said that the Constitution needed to be amended to conform with the MOA.
Carpio said the MILF wanted this provision to be included in the MOA because “the MILF did not want to be bound by our Constitution.” Inquirer

Blood in Gloria Arroyo’s hands

Mindanao Conflict: Tipo-Tipo Fiasco

Marine officers probed: Wrong frequencies prevented aerial bombing, strafing


Tell that to the Marines

It appears that the intervention of OIC Defense Chief Norberto Gonzales in the Tipo-Tipo fiasco may have prevented military ground commanders from pursuing Moro rebels after the firefight. Politicians should not intervene in military operations. Radio snafu is a flimsy excuse.

Excerpts from Daily Tribune: “They (officers) said if not because of him (Gonzales), our men could have already pursued the enemies right from that incident in Tipo-Tipo. But he intervened. He paraded himself in Basilan, talked to the local government units there, governors, other civilians including the MILF or members of the CCCH (Ceasefire Committee on the Cessation of Hostilities). He should get out from the DND (Department of National Defense). He may be good in another Cabinet post but not in the DND,” the Yes Arms spokesman said.

“He (Gonzales) is creating too much furor already within the AFP, (causing) more dissension on the part of our soldiers. They (Malacañang) are making our soldiers look stupid when these people are more intelligent than their leaders who show no leadership,” Aparri said.
He added the soldiers who survived the Al-Barka clash “feel that they are being sacrificed by this government for an objective that they don’t know.”


Related Links:

Trillanes: Govt execs led Marines to death trap
Ancestral Domain in Comparative Perspective
Ancestral domain still top issue when talks with MILF resume
SELF-DETERMINATION AND PEACE IN MINDANAO
The Akbar connection
The Story of the Moros